THE FOLLOWING RULES AND RESTRICTIONS (“OFFICIAL RULES”) SHALL APPLY TO FAROUK SYSTEMS COLOR ILLUMINATE INSTAGRAM PAGE CONTEST AND BY SUBMITTING AN ENTRY TO THE CONTEST, YOU AGREE TO THE ENTIRETY OF THE OFFICIAL RULES:
NO PURCHASE NECESSARY. ANY PART OF THE OFFICIAL RULES ARE VOID WHERE PROHIBITED. ALL FEDERAL, STATE, LOCAL AND PROVINCIAL LAWS AND REGULATIONS APPLY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1) PRELIMINARY INFORMATION: Farouk Systems’ Color Illuminate Instagram Page Contest (“Contest”) will begin on October 17, 2016 at 12:00:01 A.M. CT and end on October 25, 2016 at 10:00 A.M. CT (“Contest Period”), with an entry period that begins October 17, 2016 at 12:00:01 A.M. CT and ends on October 25, 2016 at 10:00 A.M. CT (“Entry Period”). All times in the Contest refer to Central Time (“CT”). Odds of winning depend upon number of eligible entries received. Contest is subject to all applicable federal, state and local laws.
2) SPONSOR: Farouk Systems, Inc. 250 Pennbright Drive, Houston, TX 77090 shall be the sponsor (“Sponsor”) of the Contest.
3) ELIGIBILITY: Entry is open to all countries and only to persons who are at least eighteen (18) years of age and meet or exceed the legal age of majority in the state, province or territory in which they reside as of October 17, 2016 (individually, “Entrant” and collectively, “Entrants”). Entrants and Sponsor shall be referred to throughout the Official Rules individually as “party” and collectively as “the parties”. Officers, directors, and employees of Contest Entities, as defined below, members of these persons’ immediate families, including spouses, parents, children, and siblings, and their spouses, regardless of where they reside, and persons living in the same households as such persons, whether or not related thereto, are ineligible to enter or win the Contest. Contest Entities shall include Sponsor and its licensors, divisions, subsidiaries, affiliates, licensees, advertising, promotion and public relations agencies, and each of their respective officers, directors, employees, agents, representatives, agencies, and any other person or entity involved in the creation, promotion or administration of the Contest.
4) HOW TO ENTER AND OWNERSHIP OF ENTRY AND RELATED MATERIALS: To enter the Contest, during the Contest Period, Entrants must adhere to the following Entry Guidelines:
The following mandatory Entry Guidelines apply to the Entry and any subsequent Entries submitted for use in the Contest:
• Each Entrant must comment on at least one (1) of Farouk Systems’ three (3) Color Illuminate contest posts on CHI’s Instagram account selecting their favorite color from the line and explaining why they like it
Any Entry deemed inappropriate, unsuitable, not in keeping with Farouk Systems’ image, or in violation of any of the official rules, as determined by Sponsor’s sole discretion, will be disqualified from the Contest.
Each Entrant hereby grants to Sponsor all rights, title, and interest in and to the Entry including without limitation all copyright, trademark, trade dress, service mark, and patent rights. To the extent the grant of rights in the foregoing sentence is not effective or held by any court of competent jurisdiction to be invalid for any reason, each Entrant grants to Sponsor a worldwide, royalty-free, perpetual, non-exclusive right and license to copy, distribute, and display each submitted Entry and Entrant’s name, city, state, image, likeness, and voice, in any and all media now known or hereafter invented, and the unrestricted right to use, copy, modify, edit, and create derivative works thereof without additional compensation, notification, permission or approval, and agrees to execute documents confirming such right and license at Sponsor’s reasonable request. Entrants may not copy or otherwise plagiarize any portion of the Entry from any source. All approved Entries may be posted by Sponsor in its CHI Instagram page. All Entries must be received by 10:00:00 P.M. CT on October 25, 2016 to be eligible for the Contest.
You may submit as many Entries as you would like provided each Entry is a separate Instagram posting. No information regarding Entries or judging, other than as otherwise set forth in these Official Rules, will be disclosed. Use of any automated or computer system to participate is prohibited and will result in disqualification. Normal Internet access and usage charges imposed by your online service may apply.
5) WINNER SELECTION AND NOTIFICATION: Three (3) winners will be chosen by their answers from all qualifying entries. All decisions made by the judges are final. The winners will be notified by posting on the Farouk Systems’ Instagram page. The potential Winners may then be required to sign and return, via fax/email, an Affidavit of Eligibility and Liability and Publicity release (except where prohibited by law) and assignment of rights (or a Declaration of Compliance for Canadian potential Winners) within two (2) days of notification attempt or prize will be forfeited and an alternate Finalist may be chosen, time permitting. Affidavit/Declaration will be sent via email and/or overnight delivery and Finalist will need to return the Affidavit within two (2) days of notification via fax or email and send the original Affidavit back via mail. If a potential Winner cannot be reached, if he or she is found to be ineligible, if he or she cannot or does not comply with these Official Rules, potential Winner will be disqualified and, time permitting, an alternate potential Winner may be selected and the steps above will be followed.
Any potential Winner may be disqualified and an alternate potential Winner may be selected from the remaining eligible Entries at Sponsor’s sole discretion. By returning completed documentation, Winners attest to the authenticity of their Instagram posting. These documents will have the same force and effect as the originals.
6) PRIZES: The Winners will win one (1) set of the entire Color Illuminate line. The estimated Retail Value (“ERV”) of this Prize Package is [insert value in USD] ($insert). Actual Retail Value (“ARV”) may vary.
Any difference between stated ERVs and ARVs will not be awarded. Winners may receive an IRS Form 1099 from Sponsor for the total ARV of Prize for the calendar year in which Prize was awarded. All Prize details will be determined by Sponsor in their sole discretion. Sponsor reserves the right to substitute Prize (or a Prize element) of comparable or greater value for any reason at their sole discretion.
Sponsor will mail physical Prize within eight (8) weeks of the Contest Period end date. In the event that Prizes are not available within eight (8) weeks of Contest Period end date for any reason (as determined by Sponsor in its sole discretion), Sponsor reserve the right to take up to three (3) additional weeks to mail Prizes. In the event Prize is returned as undeliverable mail without a forwarding address, such potential Winner will be disqualified and, no additional Winner will be selected.
All Winners are responsible for any tax liability. No transfer, substitution or cash equivalent for any prizes will be permitted, except at the sole discretion of the Sponsor due to prize unavailability for any reason, including but not limited to, cancellation, scheduling conflicts or an event of force majeure. In that event, an alternate prize/prize component of equal value will be awarded and the Sponsor’s obligation to the winners will be fulfilled, and no other additional compensation will be provided. No responsibility or liability is assumed for damages, losses or injury resulting from acceptance or use of any prize.
7) CONDITIONS: Each entrant hereby indemnifies, defends, and holds harmless Contest Entities and their respective agents, officers, directors, and employees from and against any and all liability, claim, cause of action, illness, injury, death, loss, litigation, damage, attorney’s fees, costs, expert fees, and expenses related to or that arises out of: (A) any act or omission of the entrant or any third-party, whether caused by negligence or not. The entrant acknowledges that the Contest Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any of the Prize Packages. Each entrant represents and warrants that he or she is the owner or authorized representative of the image submitted and that he or she has the authority to grant Sponsor the permission and rights herein granted, and that no one else’s permission is required. Failure to comply with these conditions may result in disqualification from the Contest at Sponsor’s sole discretion. These rules are subject to change at any time at the sole discretion of Sponsor. Notification of any such change will be posted at www.farouk.com and Sponsor’s social media pages.
8) DISPUTES: THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN HOUSTON, TEXAS. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSION OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBIRATION AND MEDIATION IN THE STATE OF TEXAS. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THECOUNTYOFHARRIS. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF, EXCEPT AS SET FORTH IN THE INDEMNIFICATION PROVISIONS ABOVE.
9) WINNERS: For the names of Winners, please visit www.farouk.com or Sponsor’s social media pages after October 26, 2016, or send a self-addressed, stamped envelope no later than October 31, 2016 to Farouk Systems, Inc., Color Illuminate Instagram Contest, Attn: Communications Dept., 250 Pennbright Drive, Houston, TX 77090, USA.
11) GENERAL PROVISIONS: These Official Rules constitute the entire agreement between Contest Entities and you. They supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written related to the subject matter herein. The parties are independent contractors. Involvement in the Contest does not operate to create any agency, employment, partnership, joint venture, franchise or other similar or special relationship between the parties, and nothing contained in these Official Rules shall be construed to make either party an agent, partner, representative or principal of the other for any purpose. Neither party will have the right or authority to assume or create any obligations or to make any representations, warranties or commitments on behalf of the other party, whether express or implied, or to bind the other party in any respect whatsoever. Neither party shall be liable to the other party for any delay or omission in the performance of any obligation under these Official Rules where the delay or omission is due to any cause or condition beyond the reasonable control of the party obliged to perform, including, but not limited to, strikes or other labor difficulties, acts of God, severe weather events, acts of government, including with respect to the refusal to issue necessary import or export licenses, war, riots, embargoes, or inability to obtain supplies (“Force Majeure”). If Force Majeure prevents or delays the performance by a party of any obligation under these Official Rules, then the party claiming Force Majeure shall promptly notify the other party thereof in writing. The waiver by either party of a breach, default, or right in any of the provisions of these Terms and Conditions by the other party shall not be construed as a waiver of any succeeding breach, default, or right of the same or other provisions. The headings and captions contained in this Agreement are for reference purposes only and are not intended to affect the meaning or interpretation of this Agreement.
©2016 Farouk Systems, Inc. All rights reserved. Official Rules may be copied for personal use only and not for any commercial purposes whatsoever.